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### PROCEEDINGS: January 5, 2010

STATE OFNEW YORK DEPARTMENT**O~** 

### ENVIRONMENTAL CONSERVATION
*********************************************************


### In the Matter

- of
- 10 Apublic hearing regarding the proposed revisions to the 11 State Implementation Plans for Interstate Transport ofPM 12 2.5. 13 ********************************************************* 

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### 19 20 21 22 23 24 

### 25 BEFORE: January 5, 

### 2010 11:00 a.m. 625 Broadway Albany, New York

STEVEN E. FLINT, P.E. Administrative Law Judge

LEGUIRE SHORTHAND REPORTERS1 2 

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### PRE SENT: 4 5 6 7 8 9 

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### FORTHE DIVISIONOFAIRRESOURCES:
DIANARIVENBURGH LAURASTEVENS

14 A L SOP

### RES E NT: 

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### Members ofthe Public

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### REPORTEDBY: JACQUELINEM. BEYER ShorthandReporter and Notary Public

LEGUIRE SHORTHANDREPORTERS3

they can give a copy to me for the transcriptionby the The purpose ofthis,hearing is to receive Communications Handbook in Regional Haze pursuant to 40 CFR Section 51..8. the matter ofthe Department's proposed revisions to the State Implementation Plans for Interstate Tr,ansport of PM 2.5 under Section 110(A)(2) (0)(i;) infrastructure assessment under Section 110A and 2 of the CleanAir In

Anyone PRO C E E DIN GS: MR. 

### FLINT: WeJIl call this to order.

Ifanyone has their statement in'writing, Revision of action levels in Air Pollution Episode

proceeding. wishing to make a statement should fill out the statement cards**~nd** give it to me in which I will use to call speakers in order I receive the cards. My name is Steven Flint, and I am serving
as the hearing officer for the Department in this**matter~** All persons, organizations cooperations or government agencies that maybe affectedby the proposal
are invited to submit either written or oral comments. All statements taken today whether written or spoken will be incorporated into the official record ofthis public comment ofthe proposed revisions. Act. This is an administrative public hearing for the New York

### State Department ofEnvironmental Conservation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 

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### LEGUlRE SHORTHANDREPORTERS

### 4 [PROCEEDINGS
- 1/5/10J

e-mail address that may be used to submit comments by

of the notice ofthe hearing is published in the December 2,"2009 edition ofthe Environmental Notice received during the public comment period and oral statements made in the hearing will be given equal

verbally. Written comments can also be submitted on or before 5:00 p.m. on January 10, 2010, to Diana Rivenburgh, New York State Department ofEnvironment Conservation Division ofAir Resources at 625 Broadway,

Copies



### My name is Written statements

There's also an

Goodmorning. Comments may also be faxed

I'man Environmental Program Statements are not given under oath nor

In addition, the notice was published in New Please submit any lengthy statements in

Ifyou wish, you may summarize such statements

Diana Rivenburgh. behalfofthe Department. MS. RIVENBURGH: Bulletin. email, and that is 

### airsips@gwtdec.state.ny.us.

York Newsday, New YorkPost, Albany Times Union, Glens Falls Post Star, Syracuse Post Standard, Rochester Democrat and Chronical, and Buffalo Evening News. I will now call upon Diana Rivenburgh, Division ofAir Resources, to make a brief statement on to Ms. Rivenburgh at (518) 402-9035. Albany, New York 12233-3251. weight. writing. will there be any cross-examination. court reporter.

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LEGUIRE SHORTHANDREPORTERS5

ormodified sources will not cause or contribute to air

revision includes an "infrastructure" demonstration State Implementation Plan (SIP) as required by Section

sections 110(A)(1) and (2) ofthe CleanAirAct, the The revision

Also, pursuant to The revision further demonstrates that

This "transport SIP" also affirms that new The first proposal is a revision to the

visibility.

protect visibility in other states. interstate transport of PM 2.5 does not interfere with maintenance ofthe NAAQS 

### by other states, nor interfere with measures required

### by other states to prevent significantdeterioration of air**qu~lity** or protect other states.

showing that New York's air program addresses basic 

### SIP requirements related to the attainment ofany new or pollution in excess ofthe NAAQS for PM 2.5, and that no source in New York interferes with measures intended to 110(a) (2) (0)(i) ofthe Clean Air Act. proposals:

demonstrates that interstate tr.ansport ofparticulate matter 2.5 microns or less in size, also known as 

### PM 2.5, does not contribute significintly to non-attainment ofnational ambient air quality standard (NAAQS) in 

### [PROCEEDINGS
- 1/5/10J Specialist 2 in the Division ofAir Resources ofthe New York State Department ofEnvironmental Conservation in Albany, New York. This hearing addresses three separate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

### LEGUIRE SHORTHANDREPORTERS6 

### [PROCEEDINGS
- 1/5/10J

"Air Pollution Episode Communication Handbook", which is

steps to be takenby the air contamination source owner to reduce emissions during each stage ofan air implement the requirements ofSection 110(A)(2)(G) of the CleanAir Act, Emergency Powers and Contingency usedby DEC to implement 6NYCRR Part 207, Control Measures for Air Pollution Episode (Part 207). Part 207 requires an owner ofa significant air contamination source to submit a proposed episode action plan within 90 days ofa request

The plan The thresholds "are found in the

The plans must contain detailed

The plan is also intended to environmental quality.

by the Department.

Plans, as they apply to New York State. revised NAAQS, including emission inventories, monitoring andmodeling to assure attainment, maintenance and enforcement ofthe standard. The secondproposal revises the air quality thresholds that trigger corrective action during
an Air Pollution Episode. An airpollution episode,"as designatedby the Commissioner ofthe New York State Department ofEnvironmental Conservation, occurs when weather conditions and/or concentrations ofone ormore air contaminants require immediate action to prevent further air contamination or damage to life, property or

pollution episode. 1 

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### LEGUIRE SHORTHANDREPORTERS7

detailed in 64 FR 357124 is to reduce haze to natural, Regional Haze Rule requires states to focus on the first

York State emissions and corresponding emission reductions in other by 2018 will help states meet the revision demonstrates how reducing emissions that impair visibility, including sulfates, nitrates, particulate matter, ammonia, and volatile organic compounds, will decrease visibility impairment in downwind Class I

The The

The decrease in New

Although New York State has no The overall goal ofthe Federal Haze Program,

planning period that ends in 2018.

ultimate 2064 goal. pre-industrial conditions in these areas by 2064. areas. related to federal Regional Haze requirements. 

### [PROCEEDINGS
- 

### 1/5/10] incorporates the federal Air Quality Index and associated Significant HarmLevels for criteria pollutants as alert levels for air pollution episodes. An updated list ofcontacts and responsibilities in the event ofan air pollution episode is also included. The third proposal revises New York's SIP 1 2 

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revision satisfies the requirements "of the federal haze program found in 40 CFR Section 51.8 by evaluating the Class I areas, emissions in the state contribute to visibility degradation in downwind Class I areas in several other states including Maine, New Hampshire, New 20 21 22 23 24 25 Jersey, Vermont, Virginia, andWest Virginia. This SIP

LEGUIRE SHORTHAND"REPORTERS1 2 3 4 5 6 7 8 9 10 11 12 13 

### [PROCEEDINGS
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### 1/5/10J current and future projected inventory·of sources, assessing the progress necessary to reduce emissions to meet the 2018 goal, providing for consultation with other states, tribes and federal landmanagers (FLMs) to establishprogress goals, and'developing New'York's regionals emission reduction implementation strategy. The New York State implementation strategy was developed in consultation with other states, tribes, FLMs, and the Environmental Protection Agency (EPA). These three proposals are the subject of today's hearing and conform to Clean Air Act requirements. Comments for all three proposals will be 8

14 accepted until 5:00 p.m. on January 12, 2010. I wish to 15 16 thank today's participants in these proceedings and look forward to receiving your commentsS
• Thank you. 17 18 

### MR. FLINT: the floor to comments. Thank you, Diana. Now open I would" first go to comment 19 cards. Having none, I would ask ifthere are any 20 comments. There are none. I now have 11:10, let's go 21 22 offthe record.(Discussion was held offthe record.) 23 MR. FLINT: I'mnow showing 11:25, we're 24 "back on the record. Letme first correct a mistake that 25 I made earlier in the transcript here. 

### LEGUlRE SHORTHANDREPORTERS

! The comment1 2 3 4 5 6 

### [PROCEEDINGS
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### 1/5/10] period in actuality closes on January 12, 2010, at 5:00 p.m. The floor is open for comments·. However, there is
no one here, so at this point we will close the record. Go off the record. Thank you. (Whereupon, at 11:26 a.m., the proceedings in the above-entitledmatter were concluded.) 9

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### * * 8 9 10 11 12 13 14 15 16 17 18 19 20 C E R T I FIe A T ION


### I, JACQUELINE

### M. BEYER, a Shorthand Reporter and Notary Public ofthe State ofNew York, do hereby certify that the foregoing record taken byme at the time and place as noted in the heading hereof is a true and accurate transcript of same to the best ofmy ability and belief.



# .'Jvt /1 . , '**"fj...~,.** "**'I.{"~U** 

## Lt-"-"', ,Yo**),f~**



## r' u \ JACQUELINE M. BEYER Shorthand Reporter and Notary Public

21 

### 22 23 24 25 Date: January 24, 2010

LEGUIRE SHORTHANDREPORTERS